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UC holds off on probe of 2 officers in Tensing case

University of Cincinnati patrol officer Philip Kidd points to former UC officer Ray Tensing after he was asked by the prosecutor to identify Tensing at trial Nov. 2. The university is facing calls to fire Kidd and fellow officer David Lindenschmidt.
The Enquirer/ Cara Owsley(Photo: The Enquirer/ Cara Owsley, The Enquirer/ Cara Owsley)

The University of Cincinnati has put on hold an internal investigation into two university police officers who testified in the murder trial of former officer Ray Tensing.

A citizen complaint spurred the investigation. It alleges Philip Kidd and David Lindenschmidt lied in court testimony about Tensing's claim that he shot motorist Sam DuBose in July 2015 because he was being dragged by DuBose's vehicle and feared for his life. The claim is a central point of contention in the Tensing case.

UC faces continuing calls to fire the two, although two external investigations found they did nothing wrong.

Robin Engel, UC's vice president for safety and reform, said the investigation was put on ice to protect the integrity of the upcoming Tensing retrial, when the two officers will likely again testify about what they witnessed after responding to the off-campus traffic stop. Tensing faces a May retrial after a deadlocked jury resulted in a November mistrial.

"After consultation with the UC Police chief, members of the Community Advisory Council and the Hamilton County Prosecutor's Office, a hold has been placed until the conclusion of the trial," she said. "It is imperative that the internal investigation not conflict with the judicial process."

Both Kidd and Lindenschmidt testified they didn't see Tensing being dragged. But Lindenschmidt testified he heard squealing tires followed by a gunshot. Kidd initially confirmed Tensing's account at the scene, but later told investigators he was just repeating what Tensing had told him.

"They lied today when they said they heard screeching tires before the gunshot because that's the only way he is on the road to a justified shooting," said O'Mara, who represented the family in a legal settlement with UC valued at $5.3 million.

“These officers have been truthful and honest about what happened, and no charges are warranted,” said Hamilton County Prosecutor Joe Deters after the grand jury decision.

But administrators continue to grapple with pressure and distrust from some students and community members, even after cleaning house of their top public safety leadership, instituting reforms and working to build trust in university policing.

"That's probably the most frequently asked question that we get," said Greg Baker, UC's director of police community relations, addressing Kidd and Lindenschmidt's employment status. "So in response, we opened up ... a citizen complaint to review, to see if there's any inconsistencies in their testimony versus what actually happened. But that cannot proceed until the second trial."

In the aftermath of the Monday meeting, the Faith Community Alliance voted to send a letter to the university asking administrators to fire the two officers.

Nelson Pierce Sr., pastor of Beloved Community Church in Norwood, spoke up just before the vote in support of the letter. He said the alliance had a responsibility as a moral voice to take a stand on Kidd's and Lindenschmidt's employment.

"Students on UC's campus have been calling for this. People who have been in the community have been calling for this," he said. "The fact that they've drug their feet for two years in the process isn't an excuse for us not to say, 'you need to do what you should have done two years ago.'"